HomeMy WebLinkAboutOrdinances (O-02-1330)-02/19/2002
ORDINANCE 0-02-1330
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER
3 - LAND USE, .OF THE LAND DEVELOPMENT CODE, AS AMENDED, AND
AMENDING SECTION 70-33 OF THE CODE OF ORDINANCES OF THE CITY OF
COLLEYVILLE BY APPROVING REGULATIONS FOR TENTS AS TEMPORARY
STRUCTURES; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; AND AUTHORIZING PUBLICATION.
WHEREAS, regulations for tents as temporary structures are found in Chapter 3 of the
Land Development Code and Section 70-33 of the Code of Ordinances of
the City of Colleyville; and
WHEREAS, the City Council of the City of Colleyville desires to amend certain
regulations pertaining to tents as temporary structures; and
WHEREAS, notice of a hearing before the Planning and Zoning Commission was
published in a newspaper of general circulation in Colleyville at least 15
days before such hearing, under Case Number Z-02-004; and
WHEREAS, notice of a public hearing before the City Council was published in a
newspaper of general circulation in Colleyville at least 15 days before
such hearing; and
WHEREAS, the Planning and Zoning Commission has held a public hearing and
forwarded its report and recommendation to the City Council for
consideration.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec 1.
THAT Chapter 2 - Definitions of the Land Development Code, as
amended, is hereby amended to insert a new definition: - "Tent"
which shall read as follows:
Section 2.5 - Tent
Tent. A structure, enclosure or shelter constructed of fabric or
pliable material supported by any manner except by air or the
contents it protects.
Sec 2.
Ordinance 0-02-1330
Page 2 of 4
THAT Chapter 3 - Land Uses of the Land Development Code, as
amended, is hereby amended to insert a new Section 3.24.0.4 - Tent
Sales and Other Special Events which shall read as follows:
Section 3.24.0.4 - Tent Sales and Other Special Events
A tent, as defined herein, may be used as a temporary structure
for public occupancy in accordance with the following
requirements:
a. A permit approved by the Building Official is required prior to
the construction of a tent regulated by the Colleyville Building
Code, Colleyville Fire Code and this Section.
b. No permit shall be approved unless accompanied by a site
plan showing the proposed location of the tent. The Colleyville
Fire Marshall shall approve said site plan.
c. A permit for a tent shall only be issued to the following:
I. The holder of a certificate of occupancy of a permanent
structure where the tent is incidental to the use of the
primary structure, or
II. The holder of an application approved by the City Council
for a "Mass Gathering Special Event" in the City, as defined
in Section 22-176 of Article VI. Mass Gatherings; Outdoor
Music Festivals, of the Code of Ordinances, City of
COlleyville, Texas.
d. The use of the tent shall be consistent with Section 24.C -
Table of Permitted Uses.
e. No permit for a tent shall be valid for more than (30)
consecutive days and no more than three (3) permits may be
issued in one calendar year, except for public or private
schools, which may be issued a permit that is valid for no more
than one-hundred and twenty (120) consecutive days. With
respect to public or private schools, tents shall be inspected by
the Fire Marshal once every thirty (30) days within the permit
period. Permits shall not run concurrently and each permit
must be separated by a period of not less than thirty (30) days.
Public or private schools shall be exempt from the thirty (30)
day waiting period between permits.
Sec 3.
Sec4.
Sec. 5.
Sec. 6.
Sec. 7.
Sec 8.
Ordinance 0-02-1330
Page 3 of 4
f. Tents must also comply with the additional requirements of the
Colleyville Building Code and Colleyville Fire Code.
THAT Section 70-33, Tents and temporary structures, of the Code of
Ordinances of the City of Colleyville, is hereby amended in its entirety
to read as follows:
Section 70-33. Reserved.
THAT it is hereby declared to be the intention of the City Council that
the phrases, clauses, sentences, paragraphs, and sections of this
ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgement or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect any of
the remaining phrases, clauses, sentences, paragraphs and sections
of this ordinance, since the same would have been enacted by the
City Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
THAT the regulations contained in the Colleyville Land Development
Code shall remain in effect, except where amended by this ordinance.
THAT the regulations contained in the Code of Ordinances of the City
of Colleyville shall remain in effect, except where amended by this
ordinance.
THAT, any person, firm or corporation violating any of the provisions
of this ordinance as read together with the Land Development Code
of the City of Colleyville shall be guilty of a misdemeanor and upon
conviction thereof shall be fined a sum not to exceed Two Thousand
Dollars ($2,000.00). Each and every day such violation continues
shall constitute a separate offense and shall be punishable as such.
THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption and penalty clause hereof as an
alternate method of publication provided by law.
The first reading and public hearing being conducted on the
~~ 2002.
The second reading and public hearing being conducted on the
~ ~~ 2002.
AND IT IS SO ORDERED.
ATTEST:
Cynthia Singleton, TRMC
City Secretary
APPROVED AS TO FORM AND LEGALITY:
~
Ross. Foster
City Attorney
Ordinance 0-02-1330
Page 4 of 4
5~ day of
/p~ day of
CITY COUNCIL APPROVED
FEB 2 6 2002
CITY OF COLLEYVILLE:
D~~ C4
Mayor